About  |   Contact  |  Mongabay on Facebook  |  Mongabay on Twitter  |  Subscribe
Rainforests | Tropical fish | Environmental news | For kids | Madagascar | Photos

Nepal-The Court System





MONGABAY.COM
Mongabay.com seeks to raise interest in and appreciation of wild lands and wildlife, while examining the impact of emerging trends in climate, technology, economics, and finance on conservation and development (more)







WEEKLY NEWSLETTER
Email:


Nepal Index

The official text of the Muluki Ain was published in Nepali; few statutes were available in English. Statutes were cited by the years of enactment. The Nepal Raj Patra, the government gazette, issued at irregular intervals, published all new legislation. Official texts of Supreme Court decisions were published monthly in the Nepal Kanoon Patriki (Nepalese Law Journal), which also contained the official texts of new legislation and articles on legal topics. The Nepal Act Series, published by the Law Book Management Board in Kathmandu, by arrangement with government ministries, was a compilation of all Nepalese laws and statutes.

Under the vague instrument of the Muluki Ain prior to its 1963 revision, magistrates and justices had wide latitude in deciding cases according to their own interpretations. There was a motive for caution, however, in the provision that if a higher court reversed the decision of a lower court, the magistrate of the lower court was liable to a fine, corporal punishment, or even execution. Court procedures varied greatly. The accuser was placed in jail along with the accused. Writs of habeas corpus were not issued. Prisoners often waited many months before trial. The onus of proof of innocence rested on the accused, who was tried without a jury.

Under the rules, no one could be convicted of a criminal charge without a confession, but confessions were commonly extracted by torture. The Rana courts had both executive and judicial powers, and the prime minister was the supreme judicial authority whose decision on a given case was final.

Reforms enacted under the constitution of 1948 and in the first years following the 1951 overthrow of Rana rule modernized many features of the feudal-based legal system. The prime minister was divested of judicial powers and no longer functioned as the highest court of appeal. The Supreme Court Act of 1952 established the Supreme Court as the highest judicial body, with powers and structure corresponding generally to those of the Supreme Court of India. Special traveling courts were organized and were sent into the districts to provide citizens easier access to the legal system. These courts were empowered to audit public accounts, hear complaints of all kinds, make arrests, hold trials, and impose sentences. An important step toward a unified judicial system came in 1956 with the establishment, mostly in the Tarai, of a series of district courts that heard civil and criminal cases. Appeals courts were set up in Kathmandu. The 1962 Panchayat Constitution stipulated that the king was solely responsible for appointing judges and providing judicial overview.

Under the Panchayat Constitution, the court system was headed by the Supreme Court, composed of a chief justice, nine judges, and a small secretarial staff. Below the Supreme Court were fourteen zonal courts, which, in turn, oversaw seventy-five district courts throughout the country. All the lower courts had both civil and criminal jurisdiction. Although the judiciary technically was independent, in practice the courts never were assertive in challenging the king or his ministers.

The constitution promulgated in 1990 reorganized the judiciary, reduced the king's judicial prerogatives, and made the system more responsive to elected officials. Under the new system, the king appointed the chief justice of the Supreme Court and the other judges (no more than fourteen) of that court on the recommendation of the Judicial Council. Below the Supreme Court, the constitution established fifty-four appellate courts and numerous district courts. The judges of the appellate and district courts also were appointed by the king on the recommendation of the Judicial Council. The Judicial Council, established in the wake of the prodemocracy movement and incorporated into the constitution, monitored the court system's performance and advised the king and his elected government on judicial matters and appointments. Council membership consisted of the chief justice of the Supreme Court, the minister of justice, the two most senior judges of the Supreme Court, and a distinguished judicial scholar. All lower court decisions, including acquittals, were subject to appeal. The Supreme Court was the court of last resort, but the king retained the right to grant pardons and suspend, commute, or remit any sentence levied by any court.

The new judicial system still was in its infancy as of 1991. Some observers noted that judicial appointments had remained a source of patronage by which the elected government rewarded its supporters. Others feared that Nepal lacked the legal resources to staff an expanding and modern judicial system. The growing backlog of legal cases, many of them initiated during the 1990 prodemocracy upheaval, also threatened to overwhelm the system. Despite these drawbacks, however, most observers of the legal system felt the changes were forward-looking and progressive.

Data as of September 1991



BackgroundIn 1951, the Nepalese monarch ended the century-old system of rule by hereditary premiers and instituted a cabinet system of government. Reforms in 1990 established a multiparty democracy within the framework of a constitutional monarchy. An insurgency led by Maoist extremists broke out in 1996. The ensuing ten-year civil war between insurgents and government forces witnessed the dissolution of the cabinet and parliament and assumption of absolute power by the king. Several weeks of mass protests in April 2006 were followed by several months of peace negotiations between the Maoists and government officials, and culminated in a November 2006 peace accord and the promulgation of an interim constitution. Following a nation-wide election in April 2008, the newly formed Constituent Assembly declared Nepal a federal democratic republic and abolished the monarchy at its first meeting the following month. The Constituent Assembly elected the country's first president in July. The Maoists, who received a plurality of votes in the Constituent Assembly election, formed a coalition government in August 2008, but resigned in May 2009 after the president overruled a cabinet decision to fire the chief of the army staff.
LocationSouthern Asia, between China and India
Area(sq km)total: 147,181 sq km
land: 143,351 sq km
water: 3,830 sq km
Geographic coordinates28 00 N, 84 00 E
Land boundaries(km)total: 2,926 km
border countries: China 1,236 km, India 1,690 km

Coastline(km)0 km (landlocked)

Climatevaries from cool summers and severe winters in north to subtropical summers and mild winters in south

Elevation extremes(m)lowest point: Kanchan Kalan 70 m
highest point: Mount Everest 8,850 m
Natural resourcesquartz, water, timber, hydropower, scenic beauty, small deposits of lignite, copper, cobalt, iron ore
Land use(%)arable land: 16.07%
permanent crops: 0.85%
other: 83.08% (2005)

Irrigated land(sq km)11,700 sq km (2003)
Total renewable water resources(cu km)210.2 cu km (1999)
Freshwater withdrawal (domestic/industrial/agricultural)total: 10.18 cu km/yr (3%/1%/96%)
per capita: 375 cu m/yr (2000)
Natural hazardssevere thunderstorms; flooding; landslides; drought and famine depending on the timing, intensity, and duration of the summer monsoons
Environment - current issuesdeforestation (overuse of wood for fuel and lack of alternatives); contaminated water (with human and animal wastes, agricultural runoff, and industrial effluents); wildlife conservation; vehicular emissions
Environment - international agreementsparty to: Biodiversity, Climate Change, Climate Change-Kyoto Protocol, Desertification, Endangered Species, Hazardous Wastes, Law of the Sea, Ozone Layer Protection, Tropical Timber 83, Tropical Timber 94, Wetlands
signed, but not ratified: Marine Life Conservation
Geography - notelandlocked; strategic location between China and India; contains eight of world's 10 highest peaks, including Mount Everest and Kanchenjunga - the world's tallest and third tallest - on the borders with China and India respectively
Population28,563,377 (July 2009 est.)
Age structure(%)0-14 years: 36.6% (male 5,327,484/female 5,127,178)
15-64 years: 59.2% (male 8,094,494/female 8,812,675)
65 years and over: 4.2% (male 566,666/female 634,880) (2009 est.)
Median age(years)total: 20.8 years
male: 19.8 years
female: 21.7 years (2009 est.)
Population growth rate(%)1.281% (2009 est.)
Birth rate(births/1,000 population)23.18 births/1,000 population (2009 est.)
Death rate(deaths/1,000 population)6.97 deaths/1,000 population (July 2009 est.)

Net migration rate(migrant(s)/1,000 population)-3.39 migrant(s)/1,000 population (2009 est.)
Urbanization(%)urban population: 17% of total population (2008)
rate of urbanization: 4.9% annual rate of change (2005-10 est.)
Sex ratio(male(s)/female)at birth: 1.04 male(s)/female
under 15 years: 1.04 male(s)/female
15-64 years: 0.92 male(s)/female
65 years and over: 0.89 male(s)/female
total population: 0.96 male(s)/female (2009 est.)
Infant mortality rate(deaths/1,000 live births)total: 47.46 deaths/1,000 live births
male: 47.4 deaths/1,000 live births
female: 47.52 deaths/1,000 live births (2009 est.)

Life expectancy at birth(years)total population: 65.46 years
male: 64.3 years
female: 66.67 years (2009 est.)

Total fertility rate(children born/woman)2.64 children born/woman (2009 est.)
Nationalitynoun: Nepalese (singular and plural)
adjective: Nepalese
Ethnic groups(%)Chhettri 15.5%, Brahman-Hill 12.5%, Magar 7%, Tharu 6.6%, Tamang 5.5%, Newar 5.4%, Muslim 4.2%, Kami 3.9%, Yadav 3.9%, other 32.7%, unspecified 2.8% (2001 census)

Religions(%)Hindu 80.6%, Buddhist 10.7%, Muslim 4.2%, Kirant 3.6%, other 0.9% (2001 census)
note: only official Hindu state in the world
Languages(%)Nepali 47.8%, Maithali 12.1%, Bhojpuri 7.4%, Tharu (Dagaura/Rana) 5.8%, Tamang 5.1%, Newar 3.6%, Magar 3.3%, Awadhi 2.4%, other 10%, unspecified 2.5% (2001 census)
note: many in government and business also speak English (2001 est.)

Country nameconventional long form: Federal Democratic Republic of Nepal
conventional short form: Nepal
local long form: Sanghiya Loktantrik Ganatantra Nepal
local short form: Nepal
Government typefederal democratic republic
Capitalname: Kathmandu
geographic coordinates: 27 43 N, 85 19 E
time difference: UTC+5.75 (10.75 hours ahead of Washington, DC during Standard Time)
Administrative divisions14 zones (anchal, singular and plural); Bagmati, Bheri, Dhawalagiri, Gandaki, Janakpur, Karnali, Kosi, Lumbini, Mahakali, Mechi, Narayani, Rapti, Sagarmatha, Seti
Constitution15 January 2007 (interim Constitution); note - in April 2008, a Constituent Assembly was elected to draft and promulgate a new constitution by May 2010

Legal systembased on Hindu legal concepts and English common law; has not accepted compulsory ICJ jurisdiction

Suffrage18 years of age; universal
Executive branchchief of state: President Ram Baran YADAV (as of 23 July 2008); Vice President Paramananda JHA (as of 23 July 2008)
head of government: Prime Minister Madhav Kumar NEPAL (as of 25 May 2009); Deputy Prime Minister Bijay Kumar GACHHEDAR
cabinet: cabinet formed in May 2009 by a majority coalition made up of the Communist Party of Nepal-United Marxist-Leninist, Nepali Congress, Madhesi People's Rights Forum, and several smaller parties
elections: president elected by Parliament; term extends until the new constitution is promulgated; election last held 21 July 2008; date of next election NA
election results: Ram Baran YADAV elected president by the Constituent Assembly in a second round of voting on 21 July 2008; Ram Baran YADAV 308, Ram Jaja Prasad SINGH 282

Legislative branchunicameral Constituent Assembly (601 seats; 240 seats decided by direct popular vote; 335 seats by proportional representation; 26 appointed by the Cabinet (Council of Ministers))
elections: last held 10 April 2008 (next to be held NA)
election results: percent of vote by party - CPN-M 38%, NC 19%, CPN-UML 19%,Madhesi People's Right Forum 9%, Terai-Madhes Democratic Party and Sadbhavana Party 5%, other 10%; seats by party - CPN-M 220, NC 110, CPN-UML 103, Madhesi People's Rights Forum 52, Terai-Madhes Democratic Party 20, Sadbhawana Party 9, other smaller parties 61; note - 26 seats filled by the new Cabinet

Judicial branchSupreme Court or Sarbochha Adalat (the president appoints the chief justice is appointed by the monarch on recommendation of the Constitutional Council; the chief justice appoints other judges on the recommendation of the Judicial Council)

Political pressure groups and leadersother: several small armed Madhesi groups along the southern border with India; a variety of groups advocating regional autonomy for individual ethnic groups
International organization participationADB, BIMSTEC, CP, FAO, G-77, IAEA, IBRD, ICAO, ICC, ICRM, IDA, IFAD, IFC, IFRCS, ILO, IMF, IMO, Interpol, IOC, IOM, IPU, ISO (correspondent), ITSO, ITU, ITUC, MIGA, MINURCAT, MINUSTAH, MONUC, NAM, OPCW, SAARC, SACEP, UN, UNAMID, UNCTAD, UNESCO, UNIDO, UNIFIL, UNMIL, UNMIS, UNMIT, UNOCI, UNTSO, UNWTO, UPU, WCL, WCO, WFTU, WHO, WIPO, WMO, WTO
Flag descriptionred with a blue border around the unique shape of two overlapping right triangles; the smaller, upper triangle bears a white stylized moon and the larger, lower triangle bears a white 12-pointed sun

Economy - overviewNepal is among the poorest and least developed countries in the world with almost one-third of its population living below the poverty line. Agriculture is the mainstay of the economy, providing a livelihood for three-fourths of the population and accounting for about one-third of GDP. Industrial activity mainly involves the processing of agricultural products, including pulses, jute, sugarcane, tobacco, and grain. Bumper crops, better security, improved transportation, and increased tourism pushed growth past 5% in 2008, after growth had hovered around 3% - barely above the rate of population growth - for the previous three years. The deteriorating world economy in 2009 will challenge tourism and remittance growth, a key source of foreign exchange. Nepal has considerable scope for exploiting its potential in hydropower and tourism, areas of recent foreign investment interest. Prospects for foreign trade or investment in other sectors will remain poor, however, because of the small size of the economy, its technological backwardness, its remoteness and landlocked geographic location, its civil strife and labor unrest, and its susceptibility to natural disaster.
GDP (purchasing power parity)$31.39 billion (2008 est.)
$29.81 billion (2007 est.)
$28.86 billion (2006 est.)
note: data are in 2008 US dollars
GDP (official exchange rate)$12.28 billion (2008 est.)
GDP - real growth rate(%)5.3% (2008 est.)
3.3% (2007 est.)
3.4% (2006 est.)
GDP - per capita (PPP)$1,100 (2008 est.)
$1,100 (2007 est.)
$1,100 (2006 est.)
note: data are in 2008 US dollars
GDP - composition by sector(%)agriculture: 32.5%
industry: 16.6%
services: 50.9% (FY07 est.)
Labor force14.6 million
note: severe lack of skilled labor (2008 est.)

Labor force - by occupation(%)agriculture: 76%
industry: 6%
services: 18% (2004 est.)
Unemployment rate(%)46% (2008 est.)
42% (2004 est.)
Population below poverty line(%)30.9% (2004)
Household income or consumption by percentage share(%)lowest 10%: 2.7%
highest 10%: 40.6% (2006)
Distribution of family income - Gini index47.2 (2008)
36.7 (1996)
Budgetrevenues: $1.7 billion
expenditures: $2.3 billion (FY08)
Inflation rate (consumer prices)(%)7.7% (2008 est.)
6.4% (2007 est.)

Stock of money$2.106 billion (31 December 2008)
$2.184 billion (31 December 2007)
Stock of quasi money$4.885 billion (31 December 2008)
$4.745 billion (31 December 2007)
Stock of domestic credit$5.556 billion (31 December 2008)
$5.636 billion (31 December 2007)
Market value of publicly traded shares$5.5 billion (31 December 2008)
$4.909 billion (31 December 2007)
$1.805 billion (31 December 2006)
Economic aid - recipient$427.9 million (2005)

Agriculture - productspulses, rice, corn, wheat, sugarcane, jute, root crops; milk, water buffalo meat
Industriestourism, carpets, textiles; small rice, jute, sugar, and oilseed mills; cigarettes, cement and brick production

Industrial production growth rate(%)1.8% (FY08)

Current account balance$241 million (2008)
$58 million (2007)
Exports$868 million (2008)
$830 million (2006)

Exports - commodities(%)clothing, carpets, leather goods, jute goods, pulses, grain
Exports - partners(%)India 59.2%, US 8.7%, Bangladesh 8.3%, Germany 4.3% (2008)
Imports$3.229 billion (2008)
$2.398 billion (2006)

Imports - commodities(%)petroleum products, machinery and equipment, electrical goods
Imports - partners(%)India 55.4%, China 13.3%, Singapore 2% (2008)

Debt - external$3.285 billion (2008)
$3.07 billion (March 2006)

Stock of direct foreign investment - at home$NA
Stock of direct foreign investment - abroad$NA
Exchange ratesNepalese rupees (NPR) per US dollar - 65.21 (2008), 70.35 (2007), 72.446 (2006), 72.16 (2005), 73.674 (2004)

Currency (code)Nepalese rupee (NPR)

Telephones - main lines in use805,100 (2008)
Telephones - mobile cellular4.2 million (2008)
Telephone systemgeneral assessment: poor telephone and telegraph service; fair radiotelephone communication service and mobile-cellular telephone network
domestic: combined fixed-line and mobile-cellular telephone service subscribership base only about 15 per 100 persons
international: country code - 977; radiotelephone communications; microwave landline to India; satellite earth station - 1 Intelsat (Indian Ocean) (2008)
Internet country code.np
Internet users499,000 (2008)
Airports47 (2009)
Roadways(km)total: 17,282 km
paved: 10,142 km
unpaved: 7,140 km (2007)

Military branchesNepal Army (2009)
Military service age and obligation(years of age)18 years of age for voluntary military service; 15 years of age for military training; no conscription (2008)
Manpower available for military servicemales age 16-49: 7,322,965
females age 16-49: 6,859,064 (2008 est.)
Manpower fit for military servicemales age 16-49: 4,886,103
females age 16-49: 5,525,764 (2009 est.)
Manpower reaching militarily significant age annuallymale: 365,567
female: 352,643 (2009 est.)
Military expenditures(% of GDP)1.6% of GDP (2006)
Disputes - internationaljoint border commission continues to work on contested sections of boundary with India, including the 400 square kilometer dispute over the source of the Kalapani River; India has instituted a stricter border regime to restrict transit of Maoist insurgents and illegal cross-border activities; approximately 106,000 Bhutanese Lhotshampas (Hindus) have been confined in refugee camps in southeastern Nepal since 1990

Refugees and internally displaced personsrefugees (country of origin): 107,803 (Bhutan); 20,153 (Tibet/China)
IDPs: 50,000-70,000 (remaining from ten-year Maoist insurgency that officially ended in 2006; displacement spread across the country) (2007)
Electricity - production(kWh)2.781 billion kWh (2007 est.)
Electricity - production by source(%)fossil fuel: 8.5%
hydro: 91.5%
nuclear: 0%
other: 0% (2001)
Electricity - consumption(kWh)2.243 billion kWh (2007 est.)
Electricity - exports(kWh)140 million kWh (2007 est.)
Electricity - imports(kWh)213 million kWh (2008 est.)
Oil - production(bbl/day)0 bbl/day (2008 est.)
Oil - consumption(bbl/day)18,000 bbl/day (2008 est.)
Oil - exports(bbl/day)0 bbl/day (2007 est.)
Oil - imports(bbl/day)16,920 bbl/day (2007 est.)
Oil - proved reserves(bbl)0 bbl (1 January 2009 est.)
Natural gas - production(cu m)0 cu m (2008 est.)
Natural gas - consumption(cu m)0 cu m (2008 est.)
Natural gas - exports(cu m)0 cu m (2008)
Natural gas - proved reserves(cu m)0 cu m (1 January 2009 est.)
HIV/AIDS - adult prevalence rate(%)0.5% (2007 est.)
HIV/AIDS - people living with HIV/AIDS70,000 (2007 est.)
HIV/AIDS - deaths5,000 (2007 est.)
Major infectious diseasesdegree of risk: high
food or waterborne diseases: bacterial diarrhea, hepatitis A, and typhoid fever
vectorborne disease: Japanese encephalitis, malaria, and dengue fever (2009)
Literacy(%)definition: age 15 and over can read and write
total population: 48.6%
male: 62.7%
female: 34.9% (2001 census)

School life expectancy (primary to tertiary education)(years)total: 9 years
male: 10 years
female: 8 years (2003)
Education expenditures(% of GDP)3.4% of GDP (2003)








Copyright mongabay 2000-2013